The Agostini Test

The Lemon test was modified in Agostini v. Felton, at least as applied to government aid to religious schools. Under the modifed test, there are only two prongs - purpose and effect. Excessive entanglement is no longer a separate prong. Instead, it is one aspect of the effect inquiry. The effect of advancing or inhibiting religion is now reviewed, at least as stated in Agostini, by a focus on three factors:

(1) whether the program results in governmental indoctrination of religion;
(2) whether it defines its participants by reference to religion; and
(3) whether it creates an excessive entanglement between government and religion.